Friday, February 03, 2017

Swedish midwife says she was denied work for being pro-life

A Swedish midwife who objects to abortion because of her Christian
beliefs is appealing to a labor tribunal after being turned down for
jobs at three local clinics.

The woman, Ellinor Grimmark, is suing the Joenkoeping regional health authority on grounds of discrimination.

Grimmark
had her discrimination claim rejected by a district court in 2015, and
was ordered to pay for legal costs of the authorities. Sweden's
discrimination ombudsman also ruled against her.

She
has since appealed to a labor tribunal, and secured the backing of the
U.S.-based Alliance Defending Freedom group as part of her legal team,
along with Scandinavian Human Rights Lawyers.

The Scandinavian Human Rights Lawyers argued in a briefing on the case
that Grimmark is being discriminated against on grounds of human
rights, since the European Convention on Human Rights, which has been
Swedish law since 1995, grants the right to freedom of conscience.

They
also point out that the Council of Europe “stipulates that medical
personnel are entitled to freedom of conscience in matters relating to
termination of human life. Resolutions are not binding upon member
states but give guidance to the European Court when it is examining a
case.”

"No
person, hospital or institution shall be coerced, held liable or
discriminated against in any manner because of a refusal to perform,
accommodate, assist or submit to an abortion," it says.

Furthermore,
abortion comprises "a very limited part of the work" of a midwife, and
other midwives could perform abortions in the cases when Grimmark
cannot, the lawyers said.

The Alliance Defending Freedom argued in its brief on the case
that, based on the European Court of Human Rights’ guaranteed freedoms
of thought, conscience and religion, “where necessity and
proportionality are lacking, a State must seek to accommodate religious
and moral beliefs no matter how irksome it finds them.”

“This
notion stems from the reluctance of European civilization – born of
decency, forbearance, and tolerance – to compel our fellow citizens to
humiliate themselves by betraying their own consciences.”

ADF's
chief European lobbyist, Robert Clarke, said "nobody should be forced
to choose between following their conscience and pursuing their
profession,” according to the BBC.

Grimmark’s lawyers also argue in favor of allowing her to practice because of the lack of midwives in Sweden.

However, Mia Ahlberg, president of the Swedish Association of Midwives, told the BBC that Swedish policy on abortion stipulates that "always the need of the patient comes first."

Despite
the lack of midwives in Sweden, Ahlberg stressed to the BBC that
women's rights and the integrity of midwifery were paramount in the
case.

She argued that Grimmark should be in a different profession if
she opposes abortion, since the procedure comprises part of the training
of a midwife.

The appeal is underway, and a ruling is expected in the next several weeks.